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Gerber Law

Questions? Call Us (228) 374-2313

Real Estate Law

Guide to Land Right of Way Laws & Easements in Mississippi

Specific property rights usually exclude others from using a piece of land owned by someone else in the U.S. However, right of way and easement laws in Mississippi grant access to others who may require access to the land for a specific purpose. A common example is where a piece of land is surrounded by other people’s land and the property owner must travel over that land to exit and enter his/her property. Easement laws are designed to help prevent disputes and court cases but sometimes they have unforeseen consequences for land and property owners/buyers in Mississippi. Understanding these ...

March 14, 2024|Real Estate Law|

Can a Property Owner Terminate or Block an Easement in Mississippi?

If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person’s land for a specific purpose. This may involve a portion of land or a larger area of the property. The land usage rights covered under an easement are generally very limited, and the easement holder cannot expand or change these rights without the consent of the landowner. As a landowner or property owner, you may be wondering what rights you have to terminate an easement if it has been granted for your property, and you want to challenge ...

October 20, 2023|Real Estate Law|

Reasons To Hire A Commercial Real Estate Attorney

There are many reasons to hire a commercial real estate attorney when you are buying or selling commercial property. An attorney can help protect your interests and ensure that the contract is fair and accurate. Additionally, an attorney can help with the drafting of contracts and other legal documents related to commercial real estate transactions. If you are considering buying or selling commercial property, it is important to consult with a commercial real estate lawyer to make sure that you are making the best decisions for your business. A commercial real estate attorney will be able to help you with ...

April 18, 2022|Real Estate Law|

Easement Law in Mississippi

In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer. In these cases, a Mississippi real estate attorney may have to intervene on the purchaser’s behalf. Book A Consultation What is an Easement? An easement is a legal right to access real property that is owned by someone else for ...

April 28, 2018|Real Estate Law|

Will The New Tax Law Affect My Mortgage Interest Deduction?

The Tax Cuts and Jobs Act was signed into law by President Trump on December 22, 2017. The new law reduces the limit on deductible mortgage debt to $750,000.00 for new loans taken out after December 14, 2017. Current loans of up to $1,000,000.00 are grandfathered and are not subject to the new $750,000.00 cap. Neither limit is indexed for inflation. Homeowners may refinance mortgage debts existing on December 14, 2017, up to $1,000,000.00 and still deduct the interest so long as the new loan does not exceed the amount of the mortgage being refinanced. The final bill repeals the ...

March 22, 2018|Real Estate Law|

What Is The Sherman Antitrust Act and How Does It Apply To Foreclosure Sales?

The Sherman Antitrust Act was enacted in 1890 to curb concentrations of power that interfere with trade and reduce economic competition. It was named for U.S. Senator John Sherman of Ohio, who was an expert on the regulation of commerce. Economic Competition One of the act's main provisions outlaws all combinations that restrain trade between states or with foreign nations. This prohibition applies to any agreement to fix prices, limit industrial output, share markets, or exclude competition. Price fixing, bid rigging, and market allocation are violations and often are prosecuted criminally, but there is also civil liability for such actions. ...

February 19, 2018|Real Estate Law|

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